Childs v. Missouri, K. & T. Ry. Co.

Citations

• 221 F. 219
• 136 C.C.A. 629
• 1915 U.S. App. LEXIS 1311

Syllabus

<p>1. Courts <§=>371—Rights tendí® State Statutes—Quieting Title—Possession of Plaintiff—Necessity.</p> <p>An action to remove a cloud from the title to property cannot be maintained In a federal court by a party out of possession against a party in possession, even though maintainable under the laws of the state where the land is situated.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 907, 972-976; Dec. Dig. @=>371.]</p> <p>2. Quieting Title @=>29—Defenses—Laches and Limitations.</p> <p>In analogy to Mansf. Dig. Arle. § 4171, requiring actions to recover land to be brought within 7 years after the right to sue accrues, an action to remove a cloud from plaintiff’s title to land of which it was alleged defendant had wrongful possession was barred by laches, where de Cendant had been in adverse possession continuously for nearly 11 years, in the absence of any showing that it would be inequitable to apply the doctrine of laches, as ordinarily a suit in equity will not be stayed before, and will be stayed after, the time fixed by the analogous limitation at law, unless there are unusual conditions or extraordinary circumstances, and within such time the burden is on defendant, and after the expiration of such time on plaintiff, to show such extraordinary circumstances.</p> <p>I líd. Note.—For other cases, see Quieting Title, Cent. Dig. §’ 63; Doc. Dig. @=>20.]</p> <p>3. Limitation of Actions @=>88—Absence from State-Foreign Corporations.</p> <p>Mansf. Dig. § 4471, limiting the time for bringing actions to recover land, was not rendered inapplicable by the fact that the party in possession was a foreign corporation, in the absence of any showing that it could not have been served with process, especially in view of section 4982, providing, relative to the service of process, that where the defendant is a foreign corporation having an agent in the state the service might be upon such agent.</p> <p>[Ed. Note.—For other cases, see Limitation of Actions, Cent